QUESTION
Does this mean in the future he can come back stating he is disabled or unemployed and demand alimony from me?
Asked on Jan 18th, 2013 on Divorce - California
More details to this question:
I had a 20-year marriage. He earns $150,000 and me around $50,000. The draft from his lawyer states "Neither party waives future alimony." I wanted to waive alimony completely to avoid such complications but my attorney is forcing me to demand it.
6 ANSWERS
In a long term marriage it is normal to reserve Jurisdiction over the issue of spousal support S. protection for both parties
Answered on Jan 22nd, 2013 at 3:34 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you have an attorney, then you should speak with him about your case. It is improper for another attorney to give you legal advise while you are represented.
Answered on Jan 22nd, 2013 at 3:33 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes either of you could go back for alimony. You may not get it. In a long term marriage the court can't terminate jurisdiction over spousal support so your attorneys are doing what a court would probably do. You can only terminate jurisdiction by agreement
Answered on Jan 22nd, 2013 at 3:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Theoretically, yes he could do that. Your attorney is looking out for you, but if you want to give it up, tell your attorney that he works for you.
Answered on Jan 22nd, 2013 at 3:24 PM
Dennis P. Mikko
If spousal support is not waived, either party could seek it in the future. Based on the length of the marriage and the disparity in income, you may be entitled to spousal support right now. You should talk to your attorney about this and listen to his advise.
Answered on Jan 22nd, 2013 at 3:19 PM
You are right. The language you describe means exactly what you think it does. Most courts will not permit the parties to a long term marriage to waive spousal support. However, you might be able to get your ex-husband to modify the judgment now that it is finalized. Good luck
Answered on Jan 22nd, 2013 at 3:18 PM